Expenses charge on premises EPA 1990 s. 81A
Local authority can recover expenses under s.81(4) as a charge on premises with interest, and owner may appeal to county court within 21 days (EPA 1990 s. 81A).
Where any expenses are recoverable under section 81(4) above from a person who is the owner of the premises there mentioned and the local authority serves a notice on him under this section— the expenses shall carry interest, at such reasonable rate as the local authority may determine, from the date of service of the notice until the whole amount is paid, and subject to the following provisions of this section, the expenses and accrued interest shall be a charge on the premises. A notice served under this section shall— specify the amount of the expenses that the local authority claims is recoverable, state the effect of subsection (1) above and the rate of interest determined by the local authority under that subsection, and state the effect of subsections (4) to (6) below. On the date on which a local authority serves a notice on a person under this section the authority shall also serve a copy of the notice on every other person who, to the knowledge of the authority, has an interest in the premises capable of being affected by the charge. Subject to any order under subsection (7)(b) or (c) below, the amount of any expenses specified in a notice under this section and the accrued interest shall be a charge on the premises— as from the end of the period of twenty-one days beginning with the date of service of the notice, or where an appeal is brought under subsection (6) below, as from the final determination of the appeal, until the expenses and interest are recovered. For the purposes of subsection (4) above, the withdrawal of an appeal has the same effect as a final determination of the appeal. A person served with a notice or copy of a notice under this section may appeal against the notice to the county court within the period of twenty-one days beginning with the date of service. On such an appeal the court may— confirm the notice without modification, order that the notice is to have effect with the substitution of a different amount for the amount originally specified in it, or order that the notice is to be of no effect. A local authority shall, for the purpose of enforcing a charge under this section, have all the same powers and remedies under the Law of Property Act 1925, and otherwise, as if it were a mortgagee by deed having powers of sale and lease, of accepting surrenders of leases and of appointing a receiver. In this section— “ owner ”, in relation to any premises, means a person (other than a mortgagee not in possession) who, whether in his own right or as trustee for any other person, is entitled to receive the rack rent of the premises or, where the premises are not let at a rack rent, would be so entitled if they were so let, and “ premises ” does not include a vessel. This section does not apply to Scotland.
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
This section applies when a local authority has carried out work under section 81(4) of the Environmental Protection Act 1990 and seeks to recover the expenses from the owner of the premises. The authority can serve a notice on the owner, and from that point the expenses carry interest at a rate the authority decides. The expenses and interest become a legal charge on the premises.
The charge does not take effect immediately. It arises either 21 days after the notice is served, or, if the owner appeals, after the appeal is finally determined. The owner (defined as the person entitled to receive the rack rent, not a mortgagee not in possession) can appeal to the county court within 21 days of the notice. The court can confirm the notice, change the amount, or cancel it.
The local authority must also serve a copy of the notice on anyone else who has an interest in the premises that could be affected. Once the charge is in place, the authority has the same powers as a mortgagee to sell the property, lease it, accept surrenders, or appoint a receiver.
When it applies
- Council clears rubbish from a garden and demands payment from the owner.
- Council demolishes a dangerous wall and bills the landlord.
- Council serves a notice for cleaning costs on the owner of a commercial property.
- A tenant receives a copy of the notice because the council knows they have a lease.
- Owner disputes the amount and appeals to the county court within 21 days.
What this section does not say
- This section does not apply to expenses recoverable from a tenant directly (only from the owner).
- It does not apply in Scotland.
- It does not cover the actual amount of expenses, only the mechanism to secure them as a charge.
- It does not give the council the right to enter premises (that is under s.81).
That's the law. Now let's settle your problem.
Say what is happening. A neutral mediator hears your side and the other party's, and walks you both to a written agreement. In the advanced settings you can ask for the decision to be reasoned on the Acts of Parliament that apply in England and Wales.
Or open a session directly and invite the other party.
We copy this text from the official publisher and re-check it against that source on every page load, but we cannot guarantee it is complete, current or free of error, and we accept no liability for any reliance on it. An amendment can take effect before a consolidation catches up. The publisher's own copy is linked below; where the two differ, it is the official one that counts.
This page reproduces the text of EPA 1990 s. 81A in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.